| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 250 |
| Hearing date | 8 May 2013 |
| Determination date | 13 June 2013 |
| Member | T G Tetitaha |
| Representation | S Mitchell ; R McIlraith, O Marlowe |
| Location | Auckland |
| Parties | Angus v Ports of Auckland Ltd |
| Summary | DISPUTE – Parties disputed whether applicant’s role limited to work covered by Collective Employment Agreement rail schedule – Whether applicant general stevedore or stevedore undertaking rail work – Stevedore |
| Abstract | AUTHORITY FOUND –;DISPUTE: Clause within rail schedule specifically named and provided for applicant’s redundancy. Applicant could not undertake work under other schedules unless respondent’s discretion exercised. Parties intended applicant to be employed under rail schedule only. Question answered in favour of respondent. |
| Result | Question answered in favour of respondent ; Costs reserved |
| Main Category | Dispute |
| Cases Cited | Lowe Walker Paeroa Ltd v Bennett [1998] 2 ERNZ 558;Vector Gas Ltd v Bay of Plenty Energy Ltd [2010] 2 NZLR 444 |
| Number of Pages | 4 |
| PDF File Link: | 2013_NZERA_Auckland_250.pdf [pdf 147 KB] |